Sadhu Singh v. State Of Punjab
CRM-M 12619/2016
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision:20/05/2016.
Sadhu Singh ............Petitioner vs State of Punjab .............Respondent CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Rakesh Gupta,Advocate for the petitioner.
Mz.Rimplejeet Kaur,AAG Punjab assisted by ASI Darbara Singh Ms.Monika Jalota,Advocate for the complainant. Jaswant Singh,J(Oral) Prayer is for grant of anticipatory bail on behalf of accused petitioner Sadhu Singh in case FIR No.36 dated 7.3.2016 for offences punishable under Section 409 IPC, PS Patran,Distt.Patiala. DDPO Patiala has lodged the FIR and the petitioner accused who is Sarpanch of the Gram Panchayat, Ganganagar Dutal is alleged to have misappropriated huge amount of Chakhota received towards auction/lease of Shamlat land.
It was contended that the amount received in Chakhota though was not deposited as required, however, by following due procedure was utilised for undertaking other development work. Vide order dated 12.4.2016 notice of motion was issued whereas vide order dated 29.4.2016 interim protection was granted with a direction to petitioner to join investigation. Learned State counsel on instructions submits that although petitioner has joined investigation,however, has not offered any explanation qua the allegations.
Learned counsel for the complainant points out that FIR was RAJINDER PRASHAD JOSHI 2016.05.20 18:02 I attest to the accuracy and integrity of this document lodged after a detailed examination of the record by DDPO and despite
CRM-M 12619/2016 many opportunities for depositing the embezzled amount the petitioner has tendered no explanation. Thus, he is not entitled to benefit of any interim protection.
Counsel for the parties heard at length.
Without commenting on the merits of the case, keeping in view the nature and gravity of offence, no case for grant of anticipatory bail is made out.
Dismissed.
20.05.2016 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2016.05.20 18:02 I attest to the accuracy and integrity of this document